Tim Stinnett sends appreciation for my "defense of decent, law-abiding" gun-owners: "That guns in the hands of responsible citizens pose no measurable problem for public safety seems brutally sensible to me." However, he questions my use of the word "loophole" for the way that a girlfriend of the Columbine High School mass murderers was able to purchase weapons for them at a gun show:
Private sellers, those who are not in the business of selling guns but wish to buy, sell or trade their own personal firearms, are not subject to federal and state laws regulating gun dealers, just as laws regulating automobile dealers do not apply to "Fred" when he sticks a "for sale" sign in the window of his Pontiac and parks it by the road. That Fred can sell his personally owned Pontiac without being subject to the same laws regulating a Pontiac dealer doesn't make it a "loophole." Regulating those engaged in business differently from individuals selling personal property is entirely reasonable and purely intentional.As you may know, both Harris and Klebold initially attempted to purchase guns from a licensed gun dealer. He refused them because they were not of age. The girlfriend who purchased weapons at a gun show was of legal age to purchase rifles and shotguns from any licensed gun dealer. The seller asked for ID to prove she was at least 18. She would have been able to walk into any licensed gun dealer, pass a background check and purchase the same guns anywhere in Colorado or virtually every other state. Where is the "loophole"?
Thanks, Mr. Stinnett, for the correction. Although I was familiar with these facts, it's clearly wrong to go on calling the problem a "loophole." Surely something needs to be done, however, to tighten up procedures and streamline record-keeping so that guns can be kept out of the hands of psychotics while at the same time preserving the rights of responsible gun-owners. Self-regulation by the gun industry and private collectors is infinitely preferable to government intrusion by grandstanding liberal bureaucrats.
Don Baldwin, who describes himself as a National Rifle Association Life Member ("certified by them as a pistol and rifle instructor") and is president of Democrats for the 2nd Amendment, confirms Tim Stinnett's point:
The gun show "loophole" is not an intentional oversight in the law. It is an intentional limitation because the federal government has no authority to regulate private sales of firearms within the same state, when the seller is not a federally recognized gun dealer.That being said, there is certainly room to create a situation in which the gun community can regulate itself. If the NICS "instant" background check system was made available in such a way that law enforcement agents could run voluntary checks for individuals at gun shows -- and if sellers using that system were relieved of any liability if someone with a clean background committed a crime with the gun -- then almost all gun sales at gun shows would be conducted using the NICS system. It would be a lot less of a ham-fisted approach than the White House suggestion, which is meant to kill gun shows.
My family and I are also members of PFLAG [Parents and Friends of Lesbians and Gays]. Here near Seattle we are presently running an experiment: offering NRA Refuse to be a Victim (and gun safety) classes for the lesbian, gay, bisexual and transgendered community.
I have the theory that the gun rights/gay rights intersection will be a powerful one, as both groups are taken for granted by the parties with which they are most closely affiliated: gays taken for granted by (my fellow) Democrats; gun owners taken for granted by the GOP.
A very promising political gambit, Mr. Baldwin! The establishments of the two major parties have gotten far too arrogant and complacent, and this is just the sort of thing that could shake them up.
An opposing point of view is taken by Salon reader Jukka Hohenthal in Uppsala, Sweden:
Comparing murder rates between the U.S. and my native country of Sweden is a frightening exercise. And it is not only gang and/or drug- related murders that are the difference. In Sweden, the law-abiding citizen will use his fists on his wife and her lover when catching them in the act, while the American law-abiding gun owner will shoot them. When the police arrive at the scene of the crime in Sweden, they will find people shouting at each other; in the U.S. they will need body bags.How can you seriously claim that gun-ownership is no big problem? You are much more likely to use a gun if you have one, and since guns' major function is to kill living beings, you are far more likely to kill someone when using it than you would by using your fists or some other blunt instrument. Or is your claim that the price for the odd father killing his daughter's boyfriend, in the belief that he is a burglar, is worth paying for the security you say it gives in an emergency? Even in an emergency you are likely to be worse off if everyone has a gun than if no one has one.
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